Sec. 9. (a) A hearing is not required in connection with the issuance of a certificate under this chapter. However, the commission shall conduct a hearing, subject to the requirements for hearings under IC 8-1-2 for public utilities, upon the request of any of the following:

(1) The communications service provider submitting the application.

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Terms Used In Indiana Code 8-1-32.5-9

  • commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-32.5-2
  • communications service: refers to any of the following:

    Indiana Code 8-1-32.5-3

  • communications service provider: means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. See Indiana Code 8-1-32.5-4
  • facilities based local exchange carrier: means a local exchange carrier (as defined in Indiana Code 8-1-32.5-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) Any facilities based local exchange carrier offering service in a service area identified in the provider’s application under section 6(a)(4) of this chapter.

(3) The office of utility consumer counselor created by IC 8-1-1.1-2.

(4) The commission, on its own motion.

     (b) A hearing conducted under this section shall be limited to consideration of one (1) or more of the following issues:

(1) Whether the application and documents submitted under section 6 of this chapter are accurate, complete, and properly verified.

(2) The communications service provider‘s financial, managerial, and technical ability to provide the communications service for which it seeks a certificate under this chapter.

     (c) The commission may not require a:

(1) communications service provider; or

(2) facilities based local exchange carrier offering service in a service area identified in the provider’s application under section 6(a)(4) of this chapter;

to be represented by counsel at a hearing under this section.

As added by P.L.27-2006, SEC.55.